HC raps govt over delay in land acquisition for riverbank expansion | MorungExpress

Morung Express News
Dimapur | 3 April

On April 2, the Gauhati High Court Kohima Bench (GHCKB) criticized the Government of Nagaland for failure to acquire land for Riverbank expansion, a measure that is required to prevent roads and erosion of roads with pagla pah stretch of National Highway -29.

In September 2024, the Chath River washed the sections of the highway.

“We fail to understand that despite the report presented on 10.02.2025 and despite an immediate need for land as soon as possible, there is no hindrance in the progress of work on Dimapur-Kohima National Highway, Additional Advocate General, Nagaland has not put anything on steps taken for acquaintance.”

Regarding the four-lane expansion of NH-29, Suo Motu resumes public interest litigation, the GHCKB Division Bench, which includes Justice Devashis Barua and Justice Budi Habung, visited, while seeing that on 13 March, a previous coordination bench had directed the Additional Advocate General, Nagaland to direct the Advocate General, Nagaland, which was directed by a previous coordination bench that a previous coordination bench had directed the Advocate General, Nagaland. Directions to direct.

Direction emphasized the need to fulfill land acquisition and riverbank expansion before the onset of rainy season.
According to court records, a joint location verification was done with officials of various departments, including members of NHIDCL, Village Council and contractors. Verification determined that 34,285 square feet of land was already affected to ensure the proper flow of the river. An assessment was also made about land acquisition and accidental loss.

The verification report was sent to Commissioner, Nagaland, Kohima on 10.02.2025 for further action. The bench was informed that the state government intended to acquire land under the provisions of the Nagaland Land (Request and Acquisition) Act, 1965, which allows acquisition through appropriate information.

However, the court questioned why the state government has taken necessary steps for the acquisition. Amicus Curia and Authority Engineer, NHIDCL also presented that progress will be stalled on the affected stretch, without implementing the provisions of urgency.

Highlighting the urgency of the case, the bench noticed that once the rainy season begins, it would be difficult to complete the necessary tasks. Therefore, it directed the state of Nagaland – especially Commissioner, Nagaland and DC, Chumokidima – to take immediate steps to facilitate land acquisition.

The court said, “The said officers can also implement compulsory provisions under the 1965 Act.”

The bench directed the National Highways and Infrastructure Development Corporation (NHIDCL) and the Union Ministry of Road Transport and Highways directed to proceed with the earliest acquisition to ensure necessary sanctions and approval to direct.

Functioning

Near Dzüdza village, the court was informed about the construction of a bridge in Chainage 165, that some individuals were obstructing the work due to alleged non-perception of compensation.

After confirming that the land was already acquired for the project, the court directed the Deputy Commissioner, Kohima and the Superintendent of Police to take appropriate measures to ensure that no person should disrupt the ongoing construction.

However, it was clarified that any aggrieved person can seek legal measures under relevant acquisition laws controlling land acquisition.

Regarding the issue of zamindar resistance in the sinking area near Chennj 164 in Zubza – where concerns have been raised over crime construction due to water turn – the court directed NHIDCL and the district administration to interact with the affected landlords.

In view of the urgency before the monsoon, the court also ordered to submit a report on these talks by 15 April.

Addressing the maintenance of roads under the state PWD, the court accepted the NH -29 stretch as a lifeline for Nagaland and Manipur. Despite the claims of complete repair, the court said the road situation was poor.

Accordingly, it directed the PWD to ban funds for road-topping to the Ministry of Road Transport and Ministry of Highways (Morth).

In addition, the PWD (Works and Housing) Commissioner was instructed to submit a status report on maintenance till the next hearing on 16 April.